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Scott E. Bratton, Esq., Participates in AILA CSPA Panel

On May 20, 2014, our Scott Bratton, Partner at Margaret Wong & Associates Co., LPA, participated in the 90 minute audio seminar, “Child Status Protection Act: Retaining Your Sanity,” sponsored by the American Immigration Law Association (AILA), and presented at AILA’s online university, the Agora. Head of the Margaret W. Wong & Associates Litigation and Removal Department, selected as an Ohio Super Lawyer and listed in Best Lawyers in America, and Adjunct Faculty at Cleveland-Marshall College of Law, Scott was joined by Charles Wheeler, Director of Training and Legal Support at the Catholic Legal Immigration Network in Oakland, California, and author of AILA's Focus on the Child Status Protection Act; Amy Prokop, immigration lawyer in Los Angeles, California; and Mark Fleming, of Boston, Massachusetts, expert in appellate litigation, who argued the Child Status Protection Act litigation before the Supreme Court.

The Child Status Protection Act (CSPA), which has been a law for over a decade, has protected many children facing aging out while awaiting their parent’s green card. However, imperfections of CSPA leave practitioners perplexed. These CSPA provisions have undergone extensive federal litigation.

This seminar discussed some advanced issues surrounding CSPA, along with an up-to-date discussion and legal analysis of Mayorkas v. Cuellar de Osorio.

Questions explored include:

• Calculating the CSPA Adjusted Age of a Beneficiary and Examples of CSPA Calculations: Complicated Cases Involving Preference Category Beneficiaries

• Recapture of Priority Dates

• Automatic Conversion and Avoiding the F-1 “Upgrade”

• Discussion of DHS Policy Guidance (November 21, 2013) Pending the Cuellar de Osorio Decision

• Who's Out of Luck? Examples of When CSPA Does Not Apply